Opinion
No. 14-16092
12-21-2016
QIANG WANG, Plaintiff-Appellant, v. PALO ALTO NETWORKS, INC.; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:12-cv-05579-WHA MEMORANDUM Appeal from the United States District Court for the Northern District of California
William Alsup, District Judge, Presiding Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Qiang Wang appeals pro se from the district court's order denying his motion to vacate a settlement agreement he entered into with Palo Alto Networks, Inc. that resulted in the voluntary dismissal of his patent infringement claim.
We lack jurisdiction to hear Wang's appeal on its merits. See 28 U.S.C. § 1295(a)(1) (the United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over an appeal from a district court if the jurisdiction of the district court was based, "in whole or in part", on 28 U.S.C. § 1338); Breed v. Hughes Aircraft Co., 253 F.3d 1173, 1178 (9th Cir. 2001).
We therefore transfer the entire case to the Federal Circuit. See 28 U.S.C. § 1631; Breed, 253 F.3d at 1180; see also Amity Rubberized Pen Co. v. Mkt. Quest Grp. Inc., 793 F.3d 991, 998 (9th Cir. 2015) ("[T]ransfer will generally be in the interest of justice, unless it is apparent that the matter to be transferred is frivolous or was filed in bad faith."). The clerk shall transmit all materials lodged with this court to the clerk of that court.
TRANSFERRED.